JUDGMENT

Dr.B.S.Chauhan, J.

1. These appeals have been preferred against the impugned judgment and order dated 12.12.2003 passed by the High Court of Madras in Second Appeal Nos. 1536-1537 of 1991, by way of which the common judgment and decree passed by the First Additional District Judge in A.S. No. 198 of 1983 and A.S. No. 43 of 1988 were set aside, and the suit O.S. No. 58 of 1982, was dismissed, holding that the suit filed by the plaintiff, father of the appellant herein, is not maintainable.

2. Facts and circumstances giving rise to these appeals are that:

A. The suit property i.e. House No. 9/39, Savaripadayatchi Street, Nellithope, Pondicherry, originally belonged to the deceased appellant/great grandfather Vengadachala Naicker, son of Ayyamperumal Naicker. He donated the above-mentioned suit property on 13.12.1896 in favour of his minor grandsons Radja Row and Kichnadji Row, both sons of Ponnusamy Naicker, and the said donation deed was registered on 18.1.1897. In the deed, it was provided that the donees/grandsons would only have a life estate, and that after their death, only their male legal heirs shall be entitled to the suit property, with the right of alienation.

B. In view of the fact that the donees were minors at that time, their father Ponnusamy Naicker was appointed as the guardian, in the said deed.

C. The donee Kichandji Row died issueless and hence, the other donee Radja Row became the full usufructuary owner of the suit property. Radja Row also died leaving behind his wife Thayanayagy Ammalle and his son Kannussamy Row. The said Kannussamy Row died issueless leaving behind his mother Thayanayagy Ammalle and Kuppammal his wife. After the death of Kuppammal, Thayanayagy Ammalle became the sole inheritor of the property. Thayanayagy Ammalle subsequently executed a sale deed dated 16.7.1959 in favour of Vedavalliammalle, the first defendant.

D. As per the terms of the donation deed dated 13.12.1896, after the death of Kannusamy Row, the suit property could only devolve upon his male legal heirs. Since the deceased Radja Row did not have any issue, the suit property had to go to the sole male reversioner and surviving heir, i.e. Radja Row’s cousin brother Ramaraja, being the grandson of the donor Vengadachala Naicker.

E. On the basis of the aforesaid plaints, the appellant/plaintiff filed a suit against the said first defendant Vedavalliammalle before the erstwhile French Court of the Tribunal of First instance, for a direction that the plaintiff was in fact, the heir of the deceased Radja Row, and also for a direction to the first defendant to not waste the suit property.

F. Immediately, after filing the said suit, the French Colony of Pondicherry was merged with the Union of India. The Hindu Succession Act, 1956 (hereinafter referred to as the ‘Act 1956), had been extended to the Union Territory of Pondicherry w.e.f. 1.10.1963.

G. The suit filed by the appellant/plaintiff was decided vide judgment and decree dated 18.8.1965, wherein it was held that since Thayanayagy Ammalle was still alive, the claim of the appellant/plaintiff was premature. However, in the said suit, an observation was made that the appellant/plaintiff was the legal heir to the deceased Radja Row.

H. Aggrieved, Vedavalliammalle/first defendant preferred an appeal against the said judgment. However, Thayanayagy Ammalle did not press the appeal, with regard to the finding of the court as to whether the appellant/plaintiff was a legal heir to the deceased Radja Row, and contested only the appointment of the Commissioner, who had been appointed to determine whether any repairs were necessary, in respect of the suit property.

I. The appellate court allowed the appeal vide judgment dated 2.2.1970, only to the extent of holding that no repairs were necessary for the suit property. The said Thayanayagy Ammalle died on 30.5.1978. It was at this juncture, that the claim of the appellant over the suit property was not accepted by the opposite parties.